c) to discontinue at any stage before judgement is delivered, any such
criminal proceedings instituted or undertaken by himself or any
other person or authority.
71.
The Director of Public Prosecutions is not subject to the direction or
control of any other person or authority in the exercise of his duties.
Where in the judgement of the Director of Public Prosecutions a case
involves general considerations of public policy, the Director of Public
prosecutions may bring the case to the notice of the Attorney General and
will in the exercise of his powers in relations to that case, act in
accordance with any directions of the Attorney-General.
72.
The initial decision to institute a criminal investigation normally lies with
the police. The police have the power to investigate all criminal offences.
However, in terms of prosecuting an offender the police have the
authority to initiate proceedings in accordance with the law (except for
certain offences which require the consent of the Director of Public
Prosecutions).
73.
Under Section 89 of the Criminal Procedure Code, Chapter 88 of the Laws
of Zambia, an individual may conduct a private prosecution with the
consent of the Director of Public Prosecutions.
74.
The presumption of innocence is cemented in the Constitution and an
accused person is presumed innocent until proved guilty. Therefore, the
onus is on the prosecution to prove its case beyond reasonable doubt.
75.
An accused person may retain a lawyer of his or her choice. If remanded
in custody, an accused person may be visited by his or her lawyer to
ensure a well-prepared defence. Criminal trials are normally in open court
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